FAQS - HOUSTON FAMILY LAW AND DIVORCE ATTORNEYS
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VERITAS LEGAL GROUP'S FAMILY LAW & DIVORCE FAQs
Please Contact Our Houston Child Support and Custody Lawyers & The Woodlands Divorce Attorneys Regarding Specific Questions
Is a promise to marry enforceable in Texas?
Under common law, the Statute of Frauds stipulates that a contract for marriage cannot be enforced unless it is in writing. In addition, Section 1.108 of the Texas Family Law Code requires that, “A promise or agreement made on consideration of marriage or nonmarital conjugal cohabitation is not enforceable unless the promise or agreement or a memorandum of the promise or agreement is in writing and signed by the person obligated by the promise or agreement.” This concept is similar to general contract law in which the parties must assent (agree) to the terms and conditions stated in such agreement. Unlike a contract, however, a promise for marriage does not require the signature of the beneficiary of such promise and there is no requirement for consideration (mutual obligations or any other obligations in which the beneficiary of the promise has to offer or perform).
In the case of engagement rings, an Austin, Texas court has ruled that if the donor (one giving the ring) terminates the engagement, s/he is not entitled to the return of the ring. Conversely, if the donee (one receiving the ring) terminates the engagement, the donor is entitled to the ring’s return. As in the promise to marry, this concept is unique to Texas. Other courts follow the general common law in which the donee is not entitled to ask for the engagement ring back because it is deemed a gift. If it is established that an item is a gift, the donee may not ask for such item back. If you are not sure if an item is deemed a gift, or to determine if a marriage contract is enforceable, please contact the Houston Family Law Lawyers and the Houston Divorce Attorneys at Pham & Cloves, PLLC
DISCLAIMER
Pham & Cloves, PLLC is a general practice law firm. Our law office does not claim to specialize in any area of law stated above. Each legal issue is unique depending on the fact and circumstances surrounding each case. In many cases, further research and analysis must be done before a competent legal issue may be answered. You should NOT rely on the information on this FAQ section to replace a personal consultation with an experienced Houston Child Support and Custody Attorney and the Woodlands Divorce Lawyers at Veritas. There may be legal issues in which you may not be aware. Please feel free to call the Houston Texas Divorce Attorneys and the Woodlands Family Law and Child Custody Support Lawyers at Pham & Cloves, PLLC today at713-492-0337 or complete our Online Contact Form.